Nothing in this Part shall be construed to create a cause of action.
2-2108.No cause of action created.
Article II. Civil Practice · Part 21. Product Liability · Last amended 1995 · Last verified July 20, 2026
In one sentenceSection 2-2108 makes clear that Part 21 only supplies definitions, presumptions, and defenses for existing product liability claims — it doesn't create any new cause of action on its own.
Full Text of 735 ILCS 5/2-2108
Plain-English Summary
Section 2-2108 is a single limiting sentence: nothing in Part 21 is to be construed to create a cause of action. Part 21 modifies how existing product liability claims are litigated — through the definitions in Section 2-2101, the presumptions in Sections 2-2103 and 2-2104, the evidentiary rule in Section 2-2105, the warning defenses in Sections 2-2106 and 2-2106.5, and the punitive-damages limits in Section 2-2107 — but it doesn't manufacture a new legal theory of its own.
That reading fits Section 2-2101's own definition of a "product liability action": a civil action brought on any theory against a manufacturer or product seller for harm caused by a product. The underlying theory — negligence, strict liability, breach of warranty, or another recognized basis — has to come from elsewhere in the law. Part 21 layers definitions, presumptions, and defenses on top of whatever theory the plaintiff is already pursuing.
Frequently Asked Questions
Does Part 21 give a plaintiff a new legal claim against a manufacturer?
No. Section 2-2108 says nothing in Part 21 is to be construed to create a cause of action.
Where does the underlying product liability claim come from, if not this Part?
From existing legal theories such as negligence, strict liability, or breach of warranty. Part 21 supplies definitions, presumptions, and defenses that apply once such a claim is brought against a manufacturer or product seller for harm caused by a product.
What is the purpose of Section 2-2108?
To clarify the limits of Part 21: it changes how product liability actions are defined and litigated, but it doesn't itself create a new right to sue.
How does this section relate to the definition of "product liability action" in Section 2-2101?
Section 2-2101 defines a product liability action as a civil action brought on any theory for harm caused by a product. Section 2-2108 confirms that Part 21 doesn't supply that theory — the theory has to exist independently of this Part.
Does this section limit any of the defenses in Part 21?
No. It clarifies the scope of the Part as a whole — that it doesn't create new claims — without cutting back on the presumptions or defenses set out in the other sections of Part 21.
Amendment History
(Source: P.A. 89-7, eff. 3-9-95.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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